05/19/2005
.
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
May 19, 2005
Present: Frank HiblJdfcJ
William C. Jonson
Carlen Petersen
John Doran
Hoyt Hamilton
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Mayor
Vice-Mayor
Councilmember
Councilmember
Councilmember
City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Father James Rousakis from Greek Orthodox Church of the Holy Trinity. The Mayor
led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Introductions and Awards:
. 4.1 - Service Award
One service award was presented to a City employee.
5 Presentations:
5.1 - Proclamation - National Public Works Week - Mav 15 - 21. 2005
5.2 - Proclamation - Safe Boatinq Week - May 22-29. 2005
6 - Approval of Minutes
6.1 - City Council - May 5. 2005
Councilmember Jonson moved to approve the minutes of the regular meeting of May 5,
2005, as recorded and submitted in written summation by the City Clerk to each
Councilmember. The motion was duly seconded and carried unanimously.
7 - Citizens to be Heard re Items Not on the Agenda
Three people spoke in support and six people spoke in opposition to installing no-wake
buoys on Sand Key.
.
In response to questions, Marine & Aviation Director Bill Morris said, if buoys are
installed and a safe zone is created, an ordinance would be required to allow vessel access. A
City identified safe swim zone must have lifeguards and/or posted warning signs. He believed
Council 2005-05-19
1
.
.
.
the safest plan would make the area an idle zone, and not deny vessels access. He estimated
the area would require 20 buoys at $750 each. The Marine Advisory Board supports the
minimum amount of regulations necessary for safe boating.
The City Manager reviewed the current threshold the City uses that requires 65% of
neighborhood homeowners to agree on proposed changes before they are implemented.
Concern was expressed a number of Sand Key homeowners are gone a large portion of the
year. It was felt the 65% threshold needs to be an agreed upon process.
Discussion ensued and it was questioned whether a safety issue exists. A presentation
on safety aspects was requested.
Public Hearings
8 - Administrative public hearings
8.1 - Approve applicant's request to vacate the north 254 feet of Lawson Road (a.k.a. 2520
Sunset Point Road), more particularlv described in the ordinance, and approve Ordinance
#7442-05 on first readinq, (VAC2005-05 Equitv Investments, LLC).
The applicant is seeking to redevelop a large parcel of land, presently developed as a
trailer park, into a 248-unit townhome project.
The Community Development Board approved a flexible development and preliminary
plat for a 248-unit townhome development proposed to be named "Townhome Manors of
Countryside." The City's Planning Director signed the related Development Order on April 21,
2005.
Verizon and Brighthouse Cable have reviewed the request and have no objections.
Progress Energy and Knology have no objections, provided that the applicant bears the cost of
relocating their facilities to maintain service to other customers. The City of Clearwater has
water and sewer facilities within the subject right-of-way portion; the applicant plans to relocate
private and city owned faCilities as needed at their cost. Public Works Administration has no
objections to the vacation request.
In response to a question, the City Attorney reported conditions were added requiring
the plat to be filed prior to the vacation taking effect.
Councilmember Jonson moved to approve applicant's request to vacate the north 254
feet of Lawson Road (a.k.a. 2520 Sunset Point Road), more particularly described in the
ordinance. The motion was duly seconded and carried unanimously.
Ordinance #7442-05 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7442-05 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Council 2005-05-19
2
.
8.2 - Approve the applicant's request to vacate the 60-foot street riQht-of-wav of "B" Street from
the west riQht-of-wav line of South Fort Harrison Avenue to the southerlv extension of the east
property line of Lot 6, Block 25. Map of Belleair, (a.k.a. 1330 South Fort Harrison Avenue). less
the south 30 feet of the west 9 feet thereof. subiect to the retention of a drainaQe and utilitv
easement and pass Ordinance #7443-05 on first readinQ, (VAC2005-06 ETNA Investments.
LLC).
The applicant is seeking approval of the vacation in order to create private ownership of
a parking lot that has been partially developed in the "B" Street right-of-way.
Verizon, Knology and Brighthouse Cable have no objections to the vacation request.
Progress Energy has facilities in the subject street right-of-way portion and has no objections
provided that a utility easement is retained. The City of Clearwater has sanitary, storm, gas and
water utilities in the subject street right-of-way portion. Public Works Administration has no
objections provided that a drainage and utility easement is retained over the full width of the
street right-of-way portion to be vacated.
In response to a question, Assistant City Manager Garry Brumback said the City
received no objections to this request.
.
Councilmember Doran moved to approve the applicant's request to vacate the 60-foot
street right-of-way of "B" Street from the west right-of-way line of South Fort Harrison Avenue to
the southerly extension of the east property line of Lot 6, Block 25, Map of Belleair, (a.k.a. 1330
South Fort Harrison Avenue), less the south 30 feet of the west 9 feet thereof, subject to the
retention of a drainage and utility easement. The motion was duly seconded and carried
unanimously.
Ordinance #7443-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7443-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
8.3 - Approve an amendment to the Communitv Development Code to revise the termination of
status of nonconformity provisions and pass Ordinance #7445-05 on first readinQ.
As tourism is the leading economic industry in the City of Clearwater, City leaders
became concerned about the conversion of beach hotel properties to condominiums, thus
adversely impacting the tourist industry. Several of these conversions have used the
Termination of Status as a nonconformity provision in the Community Development Code
(Section 6-1 09.B) to reconstruct nonconforming density. On April 21, 2005, the City Council
directed the Planning Department to revise this ordinance to deter these conversions. The
proposed revision will clarify that the reconstruction of nonconforming density can only occur if
there is no change in use. For example, a hotel use could be converted to a new hotel use or a
condominium use could be converted to a new condominium use, but a hotel use could not be
converted to a new condominium use.
.
Staff requested this item be continued to June 2, 2005.
Council 2005-05-19 .
3
. I
.
Council member Petersen moved to continue Item #8.3 to June 2, 2005. The motion
was duly seconded and carried unanimously.
9 - Quasi-judicial public hearings
9.1 - Approve the Petition for Annexation, Future Land Use Plan Amendment from County
Residential Urban (RU) to City Residential Urban (RU) and Zoninq Atlas Amendment from the
County R-R, Rural Residential District to the City Low Medium Density Residential (LMDR)
District for 1600 Pine Place (consistinq of a portion of Metes and Bounds 12/07 in Sec 2-29-15)
and pass Ordinance #7410-05. #7411-05 & #7412-05 on first readinq. (ANX2004-12022).
The subject property is located at 1600 Pine Place, at the western terminus of Pine
Place. The applicant is requesting this annexation in order to receive City sanitary sewer and
solid waste service. The property is contiguous with the existing City boundaries to the south,
east and west; therefore,Lhe proposed annexation is consistent with Pinellas County Ordinance
#00-63 with regard to voluntary annexation. The subject site is approximately 0.368-acre in
area and is occupied by an existing single-family detached dwelling. It is proposed that the
property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning
category of Low Medium Density Residential (LMDR).
.
The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan,
the Community Development Code and Pinellas County and Florida Law; and 3) The proposed
annexation is contiguous to existing municipal boundaries, represents a logical extension of the
boundaries and does not create an enclave. The Community Development Board reviewed this
application at its public hearing on April 19, 2005 and unanimously recommended approval.
Councilmember Hamilton moved to approve the Petition for Annexation, Future Land
Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and
Zoning Atlas Amendment from the County R-R, Rural Residential District to the City Low
Medium Density Residential (LMDR) District for 1600 Pine Place (consisting of a portion of
Metes and Bounds 12/07 in Sec 2-29-15). The motion was duly seconded and carried
unanimously.
Ordinance #7410-05 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7410-05 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Ordinance #7411-05 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance #7411-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hamilton, Petersen, Doran, and Hibbard.
.
"Nays": None.
Council 2005-05-19
4
.
Absent: Jonson.
Ordinance #7412-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7412-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, and Doran.
"Nays": None.
Absent: Hibbard.
9.2 - Approve the Annexation. Future Land Use Plan Amendment from County Residential
Urban (RU) to City Residential Urban (RU) and Zoninq Atlas Amendment from the County R-3.
Sinqle-Family Residential District. to the City Low Medium Density Residential (LMDR) District
for 2201 Arlinqton Place (Lot 1 Block B. Palmetto Terrace in Sec 7-29-16); and pass Ordinances
#7417-05. #7418-05 & #7419-05 on first readinq. (ANX2005-01001).
.
The subject property is at 2201 Arlington Place, at the southeast corner of North Belcher
Road and Arlington Place. The applicant is requesting this annexation to receive City sewer
and solid waste service. The property is contiguous with the existing City boundaries to the
north and west; therefore, the proposed annexation is consistent with Pinellas County ordinance
#00-63 with regard to voluntary annexation. The subject site is approximately 0.17 acre in area
and is occupied by an existing single-family detached dwelling. It is proposed that the property
have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of
Low Medium Density Residential (LMDR).
The Planning Department determined the proposed annexation is consistent with the
following standards specified in the Community Development Code: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan
and the Community Development Code; and 3) The proposed annexation is contiguous to
existing municipal boundaries, represents a logical extension of the boundaries and does not
create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas
County staffs according to the provisions of Pinellas County Ordinance #00-63, Section 7(1-3),
and no objections have been raised. The Community Development Board reviewed this
application at its public hearing on April 19, 2005 and unanimously recommended approval of
the application.
Councilmember Jonson moved to approve the Annexation, Future Land Use Plan
Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning
Atlas Amendment from the County R-3, Single-Family Residential District, to the City Low
Medium Density Residential (LMDR) District for 2201 Arlington Place (Lot 1 Block B, Palmetto
Terrace in Sec 7-29-16). The motion was duly seconded and carried unanimously.
.
Ordinance #7417-05 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7417-05 on first reading. The motion
was duly seconded and upon roll call, the vote was: '
Council 2005-05-19
5
.
.
.
"Ayes": JCiison, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Ordinance #7418-05 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance #7418-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Ordinance #7419-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7419-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
9.3 - Approve the Annexation. Land Use Plan Amendment from County Residential Low (RL) to
City Residential Low (RU and Zoninq Atlas Amendment from the County R-3. Sinqle-Familv
Residential District. to the City Low Medium Densitv Residential (LMDR) District for 1724
Thomas Drive (Lot 7 Block 5. Virqinia Grove Terrace Second Addition in Sec 5-29-16); and pass
Ordinances #7420-05. #7421-05 & #7422-05 on first readinq.
The subject property is at 1724 Thomas Drive, approximately 440 feet north of the
northwest corner of S.R. 590 and Thomas Drive. The applicant is requesting this annexation in
order to receive City sewer and solid waste service. The property is located within an enclave; it
is not contiguous with any existing City boundaries. The proposed annexation is consistent with
Pinellas County Ordinance No. 00-63 with regard to voluntary annexation. The subject site is
approximately 0.193 acre in area and is currently vacant, though a single-family detached
dwelling is under construction on the site. It is proposed that the property have a Future Land
Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density
Residential (LMDR).
The Planning Department determined that the proposed annexation is consistent with
the following standards specified in the Community Development Code: 1) The proposed
annexation will not have an adverse impact on public facilities and their level of service; 2) The
proposed annexation is consistent with the City's Comprehensive Plan; 3) The Countywide Plan
and the Community Development Code; and 4) The proposed annexation is located within an
enclave and its annexation will reduce such enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas
County staffs according to the provisions of Pinellas County Ordinance #00-63, Section 7(1-3),
and no objections have been raised. The Community Development Board reviewed this
application at its public hearing on April 19, 2005 and unanimously recommended approval of
the application.
Council 2005-05-19
6
.
.
.
Councilmember Jonson moved to approve the Annexation, Land Use Plan Amendment
from County Residential Low (RL) to City Residential Low (RL) and Zoning Atlas Amendment
from the County R-3, Single-Family Residential District, to the City Low Medium Density
Residential (LMDR) District for 1724 Thomas Drive (Lot 7 Block 5, Virginia Grove Terrace
Second Addition in Sec 5-29-16). The motion was duly seconded and carried unanimously.
Ordinance #7420-05 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7420-05 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Ordinance #7421-05 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance #7421-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Ordinance #7422-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7422-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson. Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
9.4 - Approve a Future Land Use Plan Amendment from the Residential/Office General (RlOG)
to the Residential Medium (RM) cateoorv and Zonino Atlas Amendment from the Office (0)
District to the Medium Densitv Residential (MDR) District for 2485 Druid Road (metes and
bounds 43/02 and 43/01. Sec 18-29-16); and pass Ordinances #7425-05 and #7426-05 on first
readino. (LUZ2005-01 001 ).
The subject property is a vacant 2.601-acre parcel at 2485 Druid Road, on the south
side of Druid Road, approximately 1,300 feet west of U.S. Highway 19 North. The applicant,
Sun Group Construction Consultants, Inc. would like to construct up to 39 attached dwelling
units on the site. The applicant is proposing to amend the Future Land Use Plan designation of
the site from the Residential/Office General (RlOG) to the Residential Medium (RM) category
and the Office (0) District to the Medium Density Residential (MDR) District. The current
Residential/Office General (R/OG) classification allows residential development at the same
density as the proposed Residential Medium (RM) classification (15 units per acre); however,
the Office (0) zoning district does not permit stand-alone residential uses where the Medium
Density Residential (MDR) District does.
The Planning Department determined that the proposed future land use plan
amendment and rezoning appiications are consistent with the following standards specified in
. the Community Development Code: 1) The proposed land use plan amendment and rezoning
application are consistent with the Comprehensive Plan; 2) The proposed use is compatible with
Council 2005-05-19
7
.
the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4)
The applications will not have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject
to the approval of the Pinellas Planning Council and the Board of County Commissioners acting
as the Countywide Planning Authority. Based on the density of the proposed plan category, the
application is a large-scale amendment and review and approval by the Florida Department of
Community Affairs is required. The Community Development Board reviewed these
applications at its public hearing on April 19, 2005 and unanimously recommended approval of
both applications.
Councilmember Jonson moved to approve a Future Land Use Plan Amendment from the
Residential/Office General (R/OG) to the Residential Medium (RM) category and Zoning Atlas
Amendment from the Office (0) District to the Medium Density Residential (MDR) District for
2485 Druid Road (metes and bounds 43/02 and 43/01, Sec 18-29-16). The motion was duly
seconded and carried unanimously.
Ordinance #7425-05 was presented for first reading and read by title' only.
Councilmember Petersen moved to pass Ordinance #7425-05 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
.
Ordinance #7426-05 was presented for first reading and read by title only.
Councilmember Doran moved to pass Ordinance #7426-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": ~Jone.
9.5 - Approve the Future Land Use Plan Amendment from the Recreation/Open Space (RlOS)
cateqory to the Residential Urban (RU) cateqory and the Zoninq Atlas Amendment from the
Open Spacel Recreation (0 SIR) District to the Medium Density Residential (MDR) District and a
Development Aqreement between Executive Corporation of Clearwater. Incorporated and the
City of Clearwater for property located at 2506 Countryside Boulevard (consistinq of a portion of
Sections 30 and 31-28-16) and pass Ordinance #7359-05 and #7360-05. to amend the Future
Land Use Plan Map and Zoninq Atlas on first readinq and Pass Resolution #05-15 to approve
the Development Aqreement for this property.
The subject site is comprised of one parcel of land 44.2 acres in area at the northwest
corner of the Countryside Boulevard and Enterprise Road intersection. The applicant is
requesting to amend the Future Land Use Plan Map designation for the parcel from
Recreation/Open Space (RlOS) to Residential Urban (RU) and to rezone it from the Open
Space/Recreation (OS/R) District to the Medium Density Residential (MDR) District in order to
construct attached dwelling. The proposed future land use plan category would permit up to
331 dwelling units to be developed on the site, however, the applicant is proposing to limit the
. number of units to 280 through a development agreement (DVA2004-00004).
Council 2005-05-19
8
.
.
.
The Planning Department determined that the proposed land use plan amendment and
rezoning applications are consistent with the following standards specified in the Community
Development Code: The proposed land use plan amendment and rezoning application are
consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding
area. Sufficient public facilities are available to serve the property. The applications will not
have an adverse impact on the natural environment.
In accordance with the Countywide Plan Rules, the future land use plan amendment is
subject to the approval of the Pinellas Planning Council and the Board of County
Commissioners acting as the Countywide Planning Authority. Due to the size of the plan
amendment site, review and approval by the Florida Department of Community Affairs also is
required. The applicant is requesting approval of a Development Agreement in conjunction with
the proposed future land use plan amendment, which limits the use of the property to 280
residential units. The proposed agreement includes a conceptual site plan and architectural
elevations, limits building heights to 35 feet, and provides a landscape buffer along the western
side of the property.
The Planning Department determined that the proposed Development Agreement is
consistent with the City's Comprehensive Plan. The Community Development Board reviewed
these applications at its public hearing on April 19, 2005, and unanimously recommended
approval of all applications. There was significant public comment at the public hearing with the
majority of comments focused on buffering, loss of recreation space, and traffic issues.
Assistant Planning Director Gina Clayton reviewed density limits in the MDR (Medium-
Density Residential) and LMDR (Low-Medium Density Residential) districts. Most property
abutting the site is zoned MDR, which allows 15 units per acre and RU (Residential Urban),
which allows 7.5 units per acre. The applicant proposes a land-use category that is consistent
with the density and scale of surrounding residential uses. This site has access to: 1)
Enterprise Road; 2) Countryside Boulevard; and 3) Belcher Road. According to the applicant's
traffic study, traffic will be distributed to all three roadways, with the majority using Countryside
Boulevard. As the current LOS (Level of Service) at the Enterprise/SR 580 intersection is rated
F, the Development Agreement requires the applicant to mitigate development traffic impacts by
installing a raised channelized median to prevent left turns onto SR 580 from Enterprise. She
said the change will increase water and sewer use, but will not negatively impact the system.
The 1 O-year Development Agreement restricts the number of units to 280, although the
proposed future land use designation allows 331 units.
Ms. Clayton said there is a Development Agreement associated with this request. She
reviewed changes related to the landscape buffer. She said Tampa Bay Water concerns have
been addressed and they no longer object. The Community Development Board has
recommended approval. She noted this is a large-scale amendment and will require
Department of Community Affairs (DCA) approval.
In response to a question, Ms. Clayton said buildings, recreational space, etc. will be
located in appropriate areas depending upon the soil conditions. She said there would be no
degradation of wetlands.
Tim Johnson, representative, reviewed the property's history. He said the current use of
the golf course is not economically feasible. The owner has contracted with a large, national
homebuilder, who is proposing to develop the property with townhomes, with no more than 280
Council 2005-05-19
9
.
.
.
units. He said when this property was originally developed as a golf course, it was zoned B,
Business, then rezoned to its current zoning designation of OSR (Open Space Recreation). He
said approximately three acres of wetlands will remain essentially undisturbed. The property
has been surveyed to determine the likely occurrence and likely abundance of species that may
be endangered, threatened, or of special concern. That survey found no such species and
found that wildlife is restricted to common urban-tolerant species. He said the Development
Agreement reduces the allowable density on the site from 331 units to 280 units, includes
extensive buffering requirements, and transportation mitigation efforts.
In response to questions, Mr. Johnson said an economical feasibility study was not
done.
In response to a question, Ms. Clayton said under the OSR designation, indoor and
outdoor recreation uses could include a bowling alley, dance studio, celebration station, Chuck
E Cheese, amusement uses, go-karts, and recreation uses with accessory uses such as a
restaurant or retail use.
In response to a question, City Attorney Pam Akin said the ten-year Development
Agreement requires the developer to record a perpetual restrictive covenant to limit the density
and development on the property. Once the ten-year Development Agreement lapses, the
developer has the right to come back to the Council to ask for a change in the event their
circumstances change. Ms. Akin said the Development Agreement goes with the land.
Three persons spoke in support and five spoke in opposition of the request.
In response to a question, Ms. Clayton said traffic studies are seasonally adjusted. She
said the drainage plan will be part of the site plan review process.
Mr. Johnson said the applicant held meetings with homeowner groups regarding this
project. The groups stated they currently have drainage problems and need help. He said the
height of the golf course creates drainage problems for neighboring properties. The site will be
leveled and a drainage ditch will be cleaned to improve drainage issues in the area. Mr.
Johnson said this is a conceptual plan of the project. There are building materials on the north
side of the property, but no contamination. In response to questions, he said every movement
at every intersection was included in the traffic analysis. Mr. Quillen noted the entrance was
also included.
Discussion ensued regarding the project and it was indicated the owner is not required
to keep this property a golf course and the City cannot afford to purchase and maintain the
property. It was felt this development will not negatively impact property values.
Disappointment was expressed economic information regarding the golf course was not
provided. It was indicated economics of a current use generally is not a consideration in a land
use change.
In response to a question, Ms. Clayton said there are recreational impact fees
associated with this development.
Councilmember Hamilton moved to approve the Future Land Use Plan Amendment from
the Recreation/Open Space (RlOS) category to the Residential Urban (RU) category and the
Zoning Atlas Amendment from the Open Space/ Recreation (OS/R) District to the Medium
Density Residential (MDR) District and a Development Agreement between Executive
Council 2005-05-19
10
.
.
.
Corporation of Clearwater, Incorporated and the City of Clearwater for property located at 2506
Countryside Boulevard (consisting of a portion of Sections 30 and 31-28-16). The motion was
duly seconded and carried unanimously.
Ordinance #7359-05 was presented for first reading and read by title only.
Councilmember Petersen moved to pass Ordinance #7359-05 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Mr. Johnson said this request is consistent with the request to amend the Future Land
Use Plan amendment.
One person spoke requesting no U-turns be allowed at Laurelwood Drive going south on
Belcher Road.
Councilmember Doran moved to approve to amend the Future Land Use Plan Map and
Zoning Atlas amendment. The motion was duly seconded and carried unanimously.
Ordinance #7360-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7360-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
The meeting recessed from 8:49 to 8:57 p.m.
Ms. Akin reviewed changes to the Development Agreement. She said the City's
minimum standards for the property would have to be met if the golf course is shut down and
remains vacant.
One person spoke in support of the project.
Councilmember Doran moved to approve the Development Agreement. The motion
was duly seconded and carried unanimously.
Resolution #05-15 was presented and read by title only. Councilmember Hamilton
moved to pass and adopt Resolution #05-15 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Council 2005-05-19
11
.
.
.
9.6 - Continue the Annexation and initial City Future Land Use Plan desiQnation of Commercial
General (CG) and initial City ZoninQ Atlas desiQnation of Commercial (C) for an unnamed riQht-
of-way 16 feet in width and 300 feet in lenQth on the north side of 3070 Gulf-to-Bay Boulevard
(consistinQ of a parcel of land lyinQ between lots 1-6 and lots 18-23. block 3. Bavview Terrace in
See 16-29-16 to June 16. 2005.
Councilmember Jonson moved to continue Item #9.6 to the June 16, 2005, meeting.
The motion was duly seconded and carried unanimously.
10 - Second Readings - public hearing - None.
City Manager Reports
11 - Consent Agenda - Approved as submitted.
11.1 - Approve the hirinQ of one new FTE for the Development and NeiQhborhood Services
Department's BuildinQ Inspections Division at an estimated annual cost of $54.800 and a
current year estimated cost of $31 ,595.
11.2 - Reappropriate funds in the amount of $46.255.23 from General Fund retained earninQs to
continue the services of the law firm of Thompson. Sizemore & Gonzalez to assist the City in
contract neQotiations with the International Association of Fire FiQhters (IAFF) and other labor
unions.
11.3 - Accept Qrant and approve the correspondinQ aQreement from the Juvenile Welfare Board
totalinQ $118.320 for fundinQ of two summer camp prOQrams and authorize the appropriate
officials to execute same.
11.4 - Approve co-sponsorship and waiver of requested City fees and service charqes for FY
2005-2006 special events inciudinQ seven annual City events: and seventeen City co-sponsored
events: at an estimated Qross cost of $494.591 ($139.500 representinQ cash contributions and
$355.091 representinQ in-kind contributions) for the purposes of departmental budQet
submittals.
11.5 - Accept a prescribed Water Main and Utilities Easement conveyed by First Baptist Church
of Clearwater. Inc. over and across a portion of Section 16-29-16 !:liven in consideration of
receipt of $1 and the benefits to be derived therefrom and authorize the appropriate officials to
execute same.
11.6 - a 5-foot DrainaQe & Utility Easement over and across a portion of Lot 1. Block A.
BA YSIDE SUB NO.5 conveyed by Dalton Clearwater. LLC in consideration of receipt of $1 and
the benefits to be derived therefrom and authorize the appropriate officials to execute same.
11.7 - Approve Chanqe Order #3 to Rowland. Incorporated of Pinellas Park. Florida for the
"Area "F" Gravity Sewer System Improvements Proiect" (02-0049-UT) increasinQ the contract
amount by $88.919.50 for a new contract total of $747.021.92, chanQinQ the scope to include
the installation of seven asphalt speed tables on Byram Drive. Barbara Avenue and Carlos
Avenue and authorize the appropriate officials to execute same.
Council 2005-05-19
12
.
11.8 - Approve Chanoe Order #3 to Danella Companies. Inc. of Pompano Beach. Florida for the
"Seville/Sunset Drive Reclaimed Water Proiect" (02-0103-UT) which increases the contract
amount bv $114.448.46 for a new contract total of $ 2.202.198.13 and authorize the appropriate
officials to execute same.
11.9 - Nominate Vice-Mayor Jonson for appointment to the WorkNet Pine lias Board for a two-
year term. Julv 1. 2005 to June 30. 2007.
11.10 - Authorize an increase on $25.000 in the monetary limit on the contract with the firm of
Thompson. Sizemore & Gonzalez for outside counsel services related to representation in
Cynthia Jones v. City of Clearwater for a total of $125.000 throuoh mediation and pretrial
staoes.
Councilmember Hamilton moved to approve the Consent Agenda and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
12 - Other items on City Manager Reports
12.1 - Pass on first readino Ordinance #7444-05 Amendino Appendix A. Occupational License
Fees. Code of Ordinances. to provide a 5% increase in fees. effective on October 1. 2005.
.
Following review and recommendation by the appointed Equity Study Commission, in
1995, the City Commission adopted an ordinance that restructured and revised the City's
Occupational License fee schedule. That restructure was done in accordance with the
guidelines set forth by Florida State Statute 205.013.
To keep current, Florida State Statute 205.0535 allows municipalities to increase
Occupational License fee tax rates by up to five percent every other year. This requires a
majority plus one vote of the governing body. Rate increases have occurred in 1997, 2000, and
2002.
The City is looking for a 5% maximum increase in the rates to become effective on
October 1, 2005, at the start of fiscal year 2005/2006.
For fiscal year 2003-2004, the Development and Neighborhood Services Department
processed approximately 9,000 occupational licenses for a total of $1,916,059.00 in revenues
(revenue code #321101). The current 5% increase will generate approximately $95,800 of
additional revenues.
Staff recommends approval of Ordinance #7444-05 for a 5% increase in occupational
license fee rates in accordance with State Statutes.
Councilmember Petersen moved to authorize amending Appendix A, Occupational
License Fees, Code of Ordinances, to provide a 5% increase in fees, effective on October 1,
2005. The motion was duly seconded and carried unanimously.
Ordinance #7444-05 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7444-05 on first reading. The motion was
. duly seconded and upon roll call, the vote was:
Council 2005-05-19
13
.
.
.
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.2 - Adopt Resolution #05-19 authorizinq a qovernmentalloan from funds provided to the City
by the United States Environmental Protection Aqency as part of the Brownfields Cleanup
Revolvinq Loan Fund Proqram for cleanup of the Clearwater Automotive Salvaqe Yard.
In October 1999, the Commission authorized the City Manager to sign a Loan Fund
Agreement and Work Plan for the $500,000 award received from the United States
Environmental Protection Agency for the Clearwater Brownfields Cleanup Revolving Loan Fund
(BCRLF). Remaining funds available from this award is $442,187.43 with $350,000 earmarked
for loans.
The BCRLF was structured to provide low-interest loans to parties interested in the
redevelopment of environmentally impaired properties. The BCRLF also allows government
entities to loan to itself, but requires a City resolution.
The City desires to set forth the basis for the use of such funds as received from EPA for
the Clearwater Automotive Salvage site currently owned by the City. The City has determined
that it is in a better position to convey the Site to a developer or other private entity if it provides
for the environmental cleanup of the Site.
The City agrees that it will require the developer, person or entity to whom the Site is
conveyed following the environmental cleanup to pay the city the necessary amount so
appropriated from the BCRLF as part of the sale agreement.
The funds awarded by EPA to the City expire September 30,2005, however, the City will
be requesting from EPA approval for a one-year extension.
The loan amount will have a zero interest rate and shall be repaid from a) amounts
repaid to the City from the private developer or another party to whom the City ultimately
conveys the Site following the environmental cleanup provided for herein or b) to the extent that
the property is unable to be sold after a reasonable time (within five years of the completion of
the environmental cleanup provided for herein) and payment is not otherwise provided for, the
general funds of the City through budget appropriations in subsequent years so that such
BCRLF may be made available by the City for the environmental cleanup of the other sites.
Councilmember Petersen moved to authorize a governmental loan from funds provided
to the City by the United States Environmental Protection Agency as part of the Brownfields
Cleanup Revolving Loan Fund Program for cleanup of the Clearwater Automotive Salvage Yard.
The motion was duly seconded and carried unanimously.
Resolution #05-19 was presented and read by title only. Councilmember Doran moved
to pass and adopt Resolution #05-19 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
Council 2005-05-19
14
.
12.3 - Adopt Resolution #05-24 and approve and accept an Interlocal Aqreement/Franchise with
the City of Safety Harbor in order to provide natural qas service to the citizens of Safety Harbor
and authorize the appropriate officials to execute same.
On May 2, 2005, the City of Safety Harbor Commission approved as Ordinance # 2005-
08 the Interlocal Agreement with the City of Clearwater, which provides a franchise for the
Clearwater Gas System to provide natural gas service in Safety Harbor.
The Clearwater Gas System has provided service within the City of Safety Harbor for
over 45 years under two prior franchises.
The Interlocal Agreement provides the City of Clearwater an additional 30-year non-
exclusive right to continue to construct, operate and maintain all facilities necessary to supply
natural gas to the City of Safety Harbor.
The Interlocal Agreement provides for a 6% franchise fee to be paid by all residential
and commercial consumers of natural gas within the City of Safety Harbor, but excludes
collections of franchise from industrial consumers.
.
To comply with the City of Safety Harbor Charter, this Agreement provides provisions for
purchase of the gas system facilities within the City limits of Safety Harbor at the end of the 30-
year franchise period. This provision is the same as Progress Energy Florida's last franchise
with Safety Harbor. There are provisions to shorten the term of this franchise and remove the
buy-out provisions should this buy-out requirement in the Safety Harbor Charter be removed
within the term of this Agreement.
Councilmember Hamilton moved to approve and accept an Interlocal
Agreement/Franchise with the City of Safety Harbor in order to provide natural gas service to
the citizens of Safety Harbor and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
Resolution #05-24 was presented and read by title only. Councilmember Jonson moved
to pass and adopt Resolution #05-24 and authorize the appropriate officials to execute same.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
"Nays": None.
12.4 - Establish new non-resident fees for non-residents to participate at City recreation facilities
and in City recreation proqrams and activities; establish new formulas for the purpose of
computinq fees for non-residents; approve City Manaqer or his desiqnee to administer the
formulas; and pass Ordinance #7389-05 on first readinq.
.
On October 18, 1993 the City Commission approved a formula for the purpose of
computing fees for non-residents and established categories for non-residents. The formula
adopted is as follows:
Department 0 & M Budget plus
Indirect Overhead minus
Budgeted Revenue divided by
Population equals
Council 2005-05-19
15
.
.
.
Subtotal
i
Subtotal plus
5.00 Capital Recovery Component equals
Non-Resident Yearly Fee
Even though non-resident fees were increased in 2004 staff is recommending an
additional increase for 2005 based on the approval of a new formula both for individual yearly
non-resident fees but also for a new unincorporated non-resident fee.
Staff is recommending that the following formulas be used in that they more accurately
reflect the actual cost that residents are paying for recreation services:
1. Non-residents who reside in other Pinellas municipalities
Department 0 & M Budget ($9,495,850) plus
Indirect Overhead ($758,352) minus
Budgeted Revenue ($2,253,700) divided by
Population (109,000) equals
Subtotal ($73.40)
Subtotal ($73.40) plus
Capital Improvement Recovery Component ($11.49) plus
Card Processing Fee ($5.00) equals
Non-Resident Yearly Fee ($89.89)
2. Unincorporated Non-Resident Fee
Department 0 & M Budget ($9,495,850) plus
Indirect Overhead ($758,352) minus
Budgeted Revenue ($2,253,700) divided by
Population (109,000) equals
Subtotal ($73.40)
Subtotal ($73.40) plus
Capital Improvement Recovery Component ($11.49) plus
Card Processing Fee ($5.00) plus
Unincorporated Surcharge ($70.96) equals
Unincorporated Non-Resident Yearly Fee ($160.85)
The unincorporated surcharge of $70.96 is based on the average cost that other local
municipalities charge to non-residents. The fee charged by other municipalities are similar to the
City of Clearwater in that the purpose is to make the non-resident pay an amount equal to what
their residents pay. The cities used for this average were Dunedin ($58.85), Largo ($75.00), St.
Petersburg ($100.00) and Safety Harbor ($50.00).
Formulas for the remaining categories of non-residents and unincorporated non-
residents are as follows'
1. Annual Family Fee - Individual non-resident or unincorporated non-resident yearly fee
x 2.5.
Council 2005-05-19
16
.
.
.
2. Participants of youth seasonal recreational programs and participants at lawn bowls,
shuffleboard and horseshoe clubs - Individual non-resident or unincorporated non-resident
yearly fee x 40%.
In order to respond in a more timely fashion to shifts in budgets and the economy as it
relates to non-residents paying a fair share staff is requesting authority to set fees based on the
formulas whenever a change is prudent and warranted.
Three other provic:cns in the ordinance that were changed are as follows:
1. To define a time period for "tourist and guests temporarily residing". The time
recommended is 3 months or less.
2. Add three score softball to the senior club category.
3. Added an option to allow non-residents who did not have a non-resident card to rent a
recreation facility for a 10% surcharge.
Based on the new formulas, the proposed fees for non-residents and unincorporated
non-residents are as follows:
Since we are proposing new fee categories for unincorporated residents, it is difficult to
determine what the net impact will be on overall revenue. However, staff is of the opinion that
the majority of persons now using City facilities and programs will continue to use them since
there are few options available to unincorporated residents. Furthermore, the County has
established a reimbursement program where unincorporated residents can request funds to pay
for non-resident fees. Therefore, revenue should not decrease but in fact increase.
Parks & Recreation Director Kevin Dunbar said the two-tiered system is currently in
place. The proposed ordinance establishes a formula allowing staff to adjust the fee based on
economic changes without coming back to the Council. The fee is adjusted probably every
other year. He said the two-tiered system treats anyone coming into the system the same.
In response to a question, the City Manager said County Administrator Spratt indicated
the County would support the City's billing system.
Paul Cozzie, County Parks & Recreation, said the County strongly supports the
reimbursement plan. He said the County wants to partner more with the municipalities in the
future.
Councilmember Doran moved to authorize the two-tiered system, establishing new non-
resident fees for non-residents to participate at City recreation facilities and in City recreation
programs and activities; establish new formulas for the purpose of computing fees for non-
residents; approve City Manager or his designee to administer the formulas. The motion was
duly seconded and carried unanimously.
Ordinance #7389-05 was presented for first reading and read by title only.
Councilmember Hamilton moved to pass Ordinance #7389-05 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Jonson, Hamilton, Petersen, Doran, and Hibbard.
Council 2005-05-19
17
.
.
.
"Nays": None.
12.5 - Approve the collective baroainino aoreement as neootiated between the City of
Clearwater and IAFF Local 1158 for Fiscal Year 2003/04.
The most recent collective bargaining agreement between the City of Clearwater and
IAFF Local 1158 was a one-year agreement for the period from October 1, 2002 through
September 30,2003. On April 21,2005, the parties reached a tentative agreement for a new
one-year agreement for the period from October 1, 2003 through September 30, 2004. The
Union submitted the proposed agreement to its membership who ratified the agreement by a
vote of 110 to 19 on May 16-18, 2005. The total cost associated with the implementation of this
agreement will be approximately $255,000.
This is a one-year agreement with no changes to the contract except for the following
provisions: Article 15, Wages and Compensation: All bargaining unit employees who are
currently in an active employment status as of the date of ratification of this Agreement by the
Union shall be provided a one-time lump sum bonus payment equal to the greater of $1,250 or
3% of the employee's gross wages for fiscal year 2003-2004, minus applicable withholding. All
other Articles and Sections of the collective bargaining agreement between the City and IAFF
Local 1158 for the years 2002-2003 are to be continued and maintained as the status quo for
the time period beginning October 1, 2003 and ending September 30, 2004, except that any
applicable date references have been adjusted accordingly.
Councilmember Hamilton moved to approve the collective bargaining agreement as
negotiated between the City of Clearwater and IAFF Local 1158 for Fiscal Year 2003/04. The
motion was duly seconded and carried unanimously.
12.6 - Approve the collective baroainino aoreement as neootiated between the City of
Clearwater and IAFF Local 1158 for Fiscal Year 2004/05.2005/06. and 2006/07.
On April 21, 2005, the City of Clearwater and IAFF Local 1158 reached a tentative
agreement for a one-year contract covering the period from October 1, 2003 through September
30, 2004. On this date the parties also reached a second tentative agreement for a three-year
contract beginning October 1,2004 and ending September 30,2007, to be contingent on the
. prior ratification of the one-year agreement for contract year 2003-04. The Union submitted the
two proposed agreements to its membership, and consequent to the ratification of the 2003-04
agreement, the Union ratified the three-year agreement by a vote of 110 to 19 on May 16-18,
2005. The total cost associated with the implementation of this agreement will be approximately
$3.9 million over three years.
This is a three-year agreement that includes reformatting to be consistent with other
Union collective bargaining agreements and provides for the following major provisions:
Article 1, Recognition
Establish a new job classification of Fire Medic and abolish the job classifications of
Firefighter/Paramedic and Firefighter/Lead Medic Article 9, Wages & Compensation:
Provide for a 5% general wage increase effective October 1 st of each year in addition to
maintaining the existing step merit pay increase plan
Council 2005-05-19
18
.
.
.
Provide for additional one-time adjustments of approximately 4.35% for Paramedics and
3.5% for Lieutenants in order to alleviate pay compression issues within the pay plan structure
Provide for $100 per pay period to be paid to all non-Paramedic personnel who possess
a valid Paramedic certification and agree to serve in a Paramedic capacity as needed
Provide for an increase from $950 to $1,000 per member annually for the Personal
Resource Allowance to cover uniforms and the loss of personal property
Provide for an increase from $20 to $25 per pay period for all active Special Team
members
Provide for Standby Pay of $10 per night and $50 per weekend to assigned Fire
Prevention Inspectors
Article 7, Personnel Practices:
Provide for a reduction of the average workweek through the use of "Kelly" days so that
the average workweek will be reduced from the current 56-hour average to a 54-hour average in
year two and a 53-hour average in year three.
Article 10, Insurance:
Maintain the current Benefits Committee health insurance recommendation process and
guarantee continuation of at least one plan providing 100% coverage for employee-only health
insurance for duration of agreement.
Article 6, Grievance Procedure
Establish the use of a standardized grievance form consistent with other City bargaining
units.
Article 12, Drug & Alcohol Policy:
Bring the agreement into compliance with the City-wide Drug and Alcohol Policy
currently in effect for all other City employees.
Article 8, Leaves of Abser:ce:
Maintain all current leave accruals and caps.
Provide contract re-opener for parties to discuss Integrated Disability Management
program.
Councilmember Jonson moved to approve the collective bargaining agreement as
negotiated between the City of Clearwater and IAFF Local 1158 for Fiscal Year 2004/05,
2005/06, and 2006/07. The motion was duly seconded and carried unanimously.
Council 2005-05-19
19
.
.
.
13 - City Attorney Reports
13.1 - Policy re distributiGil of Council mail and e-mail.
Discussion ensued regarding this policy.
14 - City Manager Verbal Reports - None.
15 - Council Discussion Items
15.1 - Council Breakfasts
Public Communications Director Doug Matthews reported staff had sent 500 invitations
to the last breakfast and minimal responses were received. Some of the mailing addresses were
outside the City limits. A suggestion was made Councilmembers reach out to groups such as
homeowner associations, etc. for contacts.
Discussion ensued and it was indicated the intent was to reach people that are not
currently active but have the potential of becoming involved.
Staff was requested to check if voter registration rolls can be used for mailing lists.
15.2 - Youth Enqaqement
A request was made for the Council to consider funding two adults and ten children to
attend a Youth Seminar at Eckerd College June 29 - July 2,2005, to engage participants in the
political process.
Consensus was to approve $1,500 to fund two adults and ten children for the Eckerd
College seminar on youth engagement for June 29 to July 2, 2005.
Council 2005-05-19
20
.
16 - Other Council Action
Councilmembers reported on events in which they recently participated and reviewed
upcoming events.
Councilmember Petersen encouraged thinking about obtainable housing.
Councilmember Jonson said the City can do little to save Belleview Biltmore Hotel and
encouraged participation in FLC (Florida League of Cities) legislative policy committees.
Councilmember Hamilton acknowledged the passing of Dr. Richard Carter and offered
condolences.
Mavor Hibbard announced Clearwater received dollars from CMAQ and congratulated
Judge George Greer for being honored by the Clearwater Bar Association.
17 - Adjourn
The meeting adjourned at 10:10 p.m.
7'~/~
'-Mayor
~
~ City ~
.
Council 2005-05-19
21